A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On September 4, 2006, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) at the Incheon District Court, and on July 31, 2018, the Incheon District Court issued a fine of KRW 1.5 million as a penalty for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On September 2, 2020, at around 16:08, the Defendant driven Bmati vehicle from the 5km section of around 0.110% alcohol level to the front road of Kimpo-si Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si from the front road of Kimpo-si to Kimpo-si, Kimpo-si, Kimpo-si.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. A written statement of the defendant C in court;

1. Report on the statement of the state of drinking drivers, report on the control of drinking driving, and report on the actual condition of drinking drivers;

1. Previous convictions in judgment: Criminal history records, repeated statements, and application of summary order-related Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on the grounds of sentencing order and order to attend a lecture is a crime that may lead not only to the life of a person, but also to the life of a person, and the nature of such crime is poor. The Defendant committed the instant crime even though he had been punished twice due to drinking driving, and the Defendant committed the instant crime while driving under the influence of alcohol, and caused a heavy traffic accident while driving under the influence of alcohol.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant recognized the crime of this case, the fact that there is no penalty exceeding the fine, etc., and the fact that there is no penalty force exceeding the fine, etc., the punishment as ordered shall be determined by comprehensively taking into account all the factors of sentencing as shown in the records and arguments of this case, including the defendant's age, environment, character and conduct, motive, means, and circumstances after the crime